Overland Park Adoption and Guardianship Lawyers

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Do you know a child that needs the love, care, and attention their current parent or guardian cannot provide right now? Do you know an adult with an impairment who cannot care for themselves and needs assistance performing essential tasks for their day-to-day care? It may be time to consider talking to an attorney who handles adoptions and guardianships. The Overland Park-based adoption and guardianship lawyers here at Joseph Hollander & Craft are ready to guide you through this confusing and often stressful process.

An Overview of Adoption and Guardianship in Kansas

Adoption and guardianship are both mechanisms for establishing legal rights and obligations to an adult that is not the current parent or guardian for a minor child or adult with an impairment. An adoption creates a permanent parent-child relationship between an adult and minor child, and the adult and the child have all the rights, obligations, and benefits a biological parent-child relationship enjoy. A guardianship, however, creates a legal relationship in which one or more adults are responsible for the physical, mental, emotional, and financial care of another person, but does not make that adult the person’s parent. Guardianships can be established for minor children as well as for adults with an impairment such that they are unable to care for themselves. Guardianships may be temporary or permanent.

Whether to proceed with a guardianship or adoption will depend on a variety of things such as: the child or impaired adult’s current legal status; the child’s needs and circumstances (both in the present and in the future); and your own needs and circumstances. For example, guardianship of a minor does not terminate parental rights, so biological parents are sometimes more willing to consent to a guardianship of a minor versus consenting to an adoption, though guardianship of a minor can still be achieved without the biological parent’s consent. Similarly, the guardianship of an impaired adult can be established with or without the consent of that impaired adult in certain situations.

Adoption, on the other hand, requires the legal relationship between a parent and child to be severed completely. This can be achieved by a biological parent voluntarily severing their parental rights, referred to as a “relinquishment,” or involuntarily, where the parental rights of the biological parent(s) are “terminated” over that parent’s objections.

If you are ready to proceed with the adoption process, our Overland Park family law attorneys are ready to help you with this process.

How Does Adoption Work in Overland Park, KS?

The Kansas Adoption and Relinquishment Act provides the legal requirements and procedures for adoptions, including step-parent adoptions. The Revised Code for Care of Children however, provides the legal requirements and procedures for children and biological parents involved in Child in Need of Care (“CINC”) proceedings, which can sometimes resolve as an adoption. The adoption process includes four main phases or components: termination of parental rights; filing certain paperwork in court; a home study of the adoption parent(s); and one or more court hearings.

Termination of Parental Rights. If the child has two (2) living parents, both of those parents have a constitutional right to the care, custody, and control of their child; but that right can be limited or even completely terminated. In independent, agency, or kinship adoptions, each parent’s parental rights need to be severed before the child can be eligible for adoption. Those rights can be terminated voluntarily (called “relinquishment”) or involuntarily (called “termination”). However, in step-parent adoptions, the biological parent married to the step-parent nearly always consents, it is only the rights of the person not married to the step-parent that need to be terminated.

Necessary Paperwork. Whether it’s an independent, kinship, step-parent, or CINC adoption, your adoption lawyer will prepare and file the paperwork necessary to initiate and finalize the adoption, which will include a demonstration of your desire and suitability to care and provide for the child. This may also include paperwork and proceedings to terminate parental rights, if necessary.

Court Hearings Prior to Finalization. If necessary, the court may hold a hearing to make orders during the pendency of the adoption, most commonly as it relates to the “placement” of the child. A child’s “placement” refers to where and with whom the child is living prior to a final adoption determination.

Participation in a Home Study. If completing an independent or agency adoption (including kinship) you will be required to participate in an assessment as to the advisability of adopting that child; this is referred to as a “home study.” A home study is typically conducted by social workers and can include observing and inspecting your residence (particularly as to the safety of the child); confirming financial information; interviewing potential adoptive parent(s) and members of the same household; completing a background check, etc. The author of the home study then provides a written report to the court which includes a recommendation on whether your family would be suitable to adopt a particular child.

It is important to understand that hopeful adoptive parents are not required or expected to have a perfect home and an overabundance of financial resources to be able to adopt a child. Rather, the purpose of the home study is to ensure you are able to meet the basic physical, mental, and emotional needs to help the child survive and integrate smoothly into the family.

Finalization. At a final adoption hearing, the judge will consider all the evidence and determine whether or not the adoption should be granted. If the adoption is granted the court will enter a “Decree of Adoption.” This formalizes the adoption and acknowledges the new parent-child relationship and also allows the child’s birth certificate to be reissued, which will include only the adoptive parent(s) name(s) as if the child were “originally” born to the parent(s).

Termination of Parental Rights in Independent, Agency, Step-Parent, and Kinship Adoptions

Some biological parents will consent to the adoption, thereby relinquishing their parental rights and allowing the minor child to be adopted. Even when a biological parent(s) consents, the adoption still needs to be finalized through the court, usually with paperwork prepared by an attorney.

However, when a biological parent does not consent to an adoption, that parent’s parental rights can be terminated without their consent. In order for a court to terminate parental rights without consent or otherwise find consent unnecessary, the court must find by clear and convincing evidence that the parent: abandoned or neglected the child, is unfit or incapable of giving consent, failed or refused to assume the duties of the parent for two (2) consecutive years prior to the filing of the petition, or any of the other situations listed in K.S.A. § 59-2136(h)(1).

Termination of Parental Rights in CINC Cases

While a parent generally maintains their constitutional right to the care, custody, and control of their child during a CINC proceeding, those rights can ultimately be terminated voluntarily or involuntarily. Similar to independent adoptions, a parent may relinquish their parental rights during the CINC case, thereby severing the legal parent-child relationship.

However, a biological parent’s parental rights can be terminated, despite any objections the parent may have, if the court finds by clear and convincing evidence that in light of the biological parent(s) conduct or condition, they are unfit such that they are unable to properly care for the child and that the parent is unlikely to change in the foreseeable future. K.S.A. § 38-2269(b) provides a number of factors a court can consider in making such a determination

How Can an Overland Park Adoption Lawyer Help Me?

Adoption lawyers play a vital role in facilitating and completing the adoption process by doing things like:

• Advising you on the requirements for adoption
• Advising you on the legal effects of adoption
• Preparing and filing all necessary paperwork
• Representing you in and to the court, including appearing for all necessary hearings

Joseph, Hollander & Craft can also assist in related matters such as representing biological parents in CINC proceedings, including proceedings to terminate parental rights. Whether you’re adopting from a pregnant person, a CINC case, as a step-parent, family member, or through an agency, the adoption attorneys in our Overland Park office will walk with you every step of the way, providing empathetic and knowledgeable assistance to help you complete your family.

Types of Adoption Cases Our Overland Park Office Handles

We handle individual or private adoptions, step-parent adoptions, and kinship adoptions (adoptions by a family member), including those within the LGBTQIA+ community. We are dedicated to serving clients in Johnson, Wyandotte, Leavenworth, Douglas, Miami, and Franklin County, Kansas. Some of our attorneys may provide adoption services in other Kansas counties on a case-by-case basis.

Just like each child and each family is unique, each adoption case is unique and therefore may look different depending on the circumstances of your case. Our Overland Park adoption lawyers can handle your adoption from start to finish.

What Does Guardianship Mean?

A guardianship can be established for minor children as well as for adults with an impairment such that they are unable to care for themselves (these are referred to as “wards”) and can may be temporary or permanent. The process creates a legal relationship in which one or more adults are responsible for the physical, mental, emotional, and financial care of a minor or impaired adult, but do not become that person’s parent. A Guardianship may be utilized to provide care for children or adults with an impairment who have pressing health or safety concerns.

A guardianship may be appropriate in situations where:

• The child’s parent(s) have suddenly died.
• The child’s parents have abandoned the child.
• The child’s parent(s) is/are incarcerated.
• The child’s parent(s) have developed a substantial alcohol or substance abuse problem that prevents them from being able to provide necessary care for the child.
• The child’s parent(s) have a medical illness so severe it significantly impairs their ability to adequately provide necessary care for and/or provide for the child.
• The child’s parent(s) has a mental illness so severe it is not being adequately addressed or otherwise appropriately maintained and renders them incapable of adequately providing necessary care for the child.
• An adult whose ability to evaluate relevant information and/or effectively communicate decisions is impaired such that, even with the assistance of technology or other supports, the adult lacks the capacity to manage their finances and affairs or meet their essential physical health, safety, or welfare needs.

What Does a Guardian Do?

A guardian has two essential rolls: caregiver and decision maker. Their “caregiver” role provides the ward with necessities like food, shelter, day-to-day personal care, etc. Their “decision-maker” role allows them to consent to medical care and procedures, educational needs, and even management of the ward’s finances. The court will issue an order outlining the guardian’s specific duties and responsibilities for the well-being of the ward. For minors, the guardian acts much like a parent for the child but that guardian does not have the same constitutional rights that a biological parent would have.

Guardianship vs. Conservatorship

While there may be some crossover, guardianship and conservatorship are not the same thing. Guardians are primarily concerned with their wards’ general well-being, including their physical and mental health, safety, and educational or vocational needs. A conservator, on the other hand, manages the ward’s financial interests such as paying or collecting debts, paying for their education and care, and managing their assets including businesses.

What Does an Overland Park Guardianship Attorney Do?

An Overland Park guardianship attorney may assist you by:

• Reviewing and evaluating the circumstances involved to determine if the requirements of guardianship are or can be met;
• Exploring related alternatives with you, if necessary, such as adoption or conservatorship;
• Drafting and filing the necessary court paperwork to initiate, modify, or finalize the guardianship;
• Representing you in court and handling potential objections from the proposed ward’s biological parents or other family members and even the proposed ward themselves;
• Helping you understand your obligations as a guardian; and
• Assisting with the termination of a guardianship.

FAQs About Guardianship and Adoption in Kansas

Who can legally adopt a child in Kansas?

Any adult individual (18 years or older) or an adult couple can adopt a child in the State of Kansas. A married person must have the consent from his or her spouse to adopt a child.

How much will it cost for me to adopt?

The legal fees associated with the adoption process vary by the type of adoption, the need for court-related proceedings such as termination of parental rights, and other factors. Contact our adoption attorneys to discuss what you might be able to expect in your situation.

How long does the adoption process take in Kansas?

As with cost, how long an adoption process takes depends on several variables that an attorney simply cannot predict. Some factors include things like whether there has been a determination of paternity, the willingness of the biological parent(s) to consent to the adoption and/or relinquish their parental rights, whether there is an active CINC case, etc.

How does a home study work?

You will need to fill out a home study application and provide essential documents like medical records, tax records, and proof of income. The author of the home study, usually a social worker, will interview you and the other members of your household, inspect your home, review your records, and generally consider if you have the appropriate desire and resources for that minor child. The author of the home study writes a comprehensive report on your life which they will submit to the court and include a recommendation about whether you are suitable to adopt the child.

It’s important to understand that adoptive parents are not required to have a perfect or luxurious home to be able to adopt. Rather, the social worker and the court simply want to ensure that you can meet the basic needs of the child and help the child thrive.

Can you help me become a guardian of my loved one’s child?

Sometimes a guardianship is necessary because the parent simply cannot care for the child due to circumstances beyond their control; in other cases, the parents have been found proven unfit to adequately care and provide for the child, and the child’s safety and well-being are at stake. At our office, we are able to assist with both scenarios.

What do you have to do to apply for a guardianship?

Along with filing a petition with information like name, date of birth, factual circumstances you believe necessitate a guardianship for the child or adult with an impairment, you will also need to submit documentation of completion of a basic instructional program concerning the duties and responsibilities of a guardian. Depending on the situation, the court may order an examination for evaluation of the child or adult with an impairment to be conducted by a qualified general hospital, psychiatric hospital, mental health center, developmental disability organization, physician, psychiatrist or other professional appointed by the court qualified to evaluate the proposed ward’s alleged impairment. Additionally, the court often requires the guardian to submit a plan-of-care for the proposed ward which includes things like where and with whom the ward would live, restrictions, if any, for whom the ward may associate with; and the intended degree of autonomy the ward will have in making choices about education, any vocational training, employment, medical care, etc.

How long does it take to get a guardianship in place?

As with adoption, how long a guardianship takes to become established depends on a variety of variables that an attorney cannot predict. Some factors include things like: the willingness of the proposed ward and/or the child’s biological parent(s) to consent to the guardianship, whether the court will require the proposed ward to submit to an examination or evaluation regarding their alleged impairment; if an evaluation is required, how quickly the proposed ward is able to be seen by the appropriate professional, how quickly the professional is able to author and produce the report, etc.

Do You Have an Overland Park Adoption and Guardianship Lawyer Near Me?

Joseph, Hollander & Craft’s Overland Park office is located at 10104 W 105th St, right across from the Veteran’s Hospital. We maintain additional offices in Kansas City, MO, Lawrence, Topeka, and Wichita for your convenience. Call or contact us today to schedule your initial consultation.